Full Text of SB2254 93rd General Assembly
SB2254enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Acupuncture Practice Act is amended by | 5 |
| changing Sections 10, 15, 40, and 110 as follows:
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| (225 ILCS 2/10)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10. Definitions. As used in this Act:
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| "Acupuncture" means the evaluation or treatment of persons | 10 |
| affected
through a method of stimulation of a certain point or | 11 |
| points on or immediately
below the surface of
the body by the | 12 |
| insertion of pre-sterilized, single-use, disposable needles,
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| unless medically contraindicated, with or without the | 14 |
| application of heat,
electronic stimulation, or manual | 15 |
| pressure
to prevent or modify the perception of
pain, to | 16 |
| normalize physiological functions, or for the
treatment of | 17 |
| certain diseases or dysfunctions of the body.
Acupuncture does | 18 |
| not include radiology, electrosurgery, chiropractic technique,
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| physical therapy, naprapathic technique, use or prescribing of | 20 |
| any drugs,
medications, herbal preparations, nutritional | 21 |
| supplements, serums, or vaccines,
or determination of a | 22 |
| differential
diagnosis.
An acupuncturist
registered under this | 23 |
| Act who is not also licensed as a physical therapist
under
the | 24 |
| Illinois Physical Therapy Act shall not hold himself or herself | 25 |
| out as
being qualified to provide physical therapy or | 26 |
| physiotherapy services.
An
acupuncturist shall refer to a | 27 |
| licensed physician or dentist, any
patient whose condition | 28 |
| should, at the time of evaluation or treatment,
be determined | 29 |
| to be beyond the scope of practice of the acupuncturist.
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| "Acupuncturist" means a person who practices acupuncture
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| and who is licensed by the Department.
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| "Board" means the Board of Acupuncture.
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| "Dentist" means a person licensed under the Illinois Dental | 2 |
| Practice Act.
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| "Department" means the Department of Professional
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| Regulation.
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| "Director" means the Director of Professional
Regulation.
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| "Physician" means a person licensed under the Medical | 7 |
| Practice Act of 1987.
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| "Referral by written order" for purposes of this Act means | 9 |
| a
diagnosis, substantiated by signature of a physician or | 10 |
| dentist, identifying
that a
patient's condition and | 11 |
| recommending treatment
is such that it may be treated by | 12 |
| acupuncture as defined in
this Act. The diagnosis shall remain | 13 |
| in effect until changed by the physician
or dentist who may, | 14 |
| through express direction in the referral,
shall maintain | 15 |
| management of the patient.
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| "State" includes:
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| (1) the states of the United States of America;
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| (2) the District of Columbia; and
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| (3) the Commonwealth of Puerto Rico.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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| (225 ILCS 2/15)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 15. Who may practice acupuncture. No person licensed | 24 |
| under this
Act
may
treat human ailments otherwise than by the | 25 |
| practice of acupuncture as defined
in this Act ; and
no person | 26 |
| licensed under this Act may practice acupuncture
on another
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| person without having on file a written referral order from a
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| physician or dentist licensed in Illinois . A physician or | 29 |
| dentist licensed in
Illinois may practice acupuncture. A | 30 |
| physician or a dentist may refer by written order a patient to | 31 |
| an acupuncturist for the practice of acupuncture as defined in | 32 |
| this Act and may, through express direction in the referral, | 33 |
| maintain management of the patient. Nothing in this Act shall | 34 |
| be construed to require a referral of a patient to an | 35 |
| acupuncturist for evaluation and treatment based on |
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| acupuncture principles and techniques as taught by schools | 2 |
| accredited by the Accreditation Commission for Acupuncture and | 3 |
| Oriental Medicine or a similar accrediting body approved by the | 4 |
| Department. An acupuncturist shall refer to a licensed | 5 |
| physician or dentist, any patient whose condition should, at | 6 |
| the time of evaluation or treatment, be determined to be beyond | 7 |
| the scope of practice of the acupuncturist.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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| (225 ILCS 2/40)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 40. Application for licensure. Applications for
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| original
licensure as an acupuncturist shall be made to the
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| Department in writing on
forms
prescribed by the Department and | 14 |
| shall be accompanied by the required fee,
which shall
not be | 15 |
| refundable.
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| Until December 31, 2001, applicants shall submit with the | 17 |
| application
proof of
passing the National Certification | 18 |
| Commission for Acupuncture and Oriental Medicine
National
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| Commission for the Certification of Acupuncturists examination | 20 |
| or a
substantially equivalent examination approved by the | 21 |
| Department or meeting any
other qualifications established by | 22 |
| the Department.
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| On and after January 1, 2002, the Department shall issue a | 24 |
| license to an
applicant who submits with the application proof | 25 |
| of each of the following:
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| (1)(A) graduation from a
school accredited by the | 27 |
| Accreditation Commission for Acupuncture and Oriental | 28 |
| Medicine
National Accreditation Commission for Schools and
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| Colleges of Acupuncture and Oriental Medicine or a similar | 30 |
| accrediting body
approved by the Department; or
(B) | 31 |
| completion of a comprehensive educational program approved | 32 |
| by the
Department; and
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| (2) passing the
National Certification Commission for | 34 |
| Acupuncture and Oriental Medicine
National Commission for | 35 |
| the Certification of Acupuncturists' examination or a
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| substantially
equivalent examination approved by the | 2 |
| Department.
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| An applicant has 3
years from the date of his or her | 4 |
| application to complete the application
process. If the process | 5 |
| has not been completed in 3 years, the application
shall be | 6 |
| denied, the fee shall be forfeited, and the applicant must | 7 |
| reapply and
meet the requirements in effect at the time of | 8 |
| reapplication.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97; 90-723, | 10 |
| eff. 1-1-99.)
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| (225 ILCS 2/110)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 110. Grounds for disciplinary action.
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| (a) The Department may refuse to issue or to renew, place | 15 |
| on probation,
suspend, revoke or take other disciplinary action | 16 |
| as deemed appropriate
including the imposition of fines not to | 17 |
| exceed $5,000 for each
violation,
as the Department may deem | 18 |
| proper,
with
regard to a license for any one or combination of | 19 |
| the
following
causes:
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| (1) Violations of the Act or its rules.
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| (2) Conviction of any crime under the laws of any U.S.
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| jurisdiction that is (i) a felony, (ii) a misdemeanor, an
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| essential element of which is dishonesty, or (iii) directly
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| related to the practice of the profession.
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| (3) Making any misrepresentation for the purpose of
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| obtaining a license.
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| (4) Aiding or assisting another person in violating any
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| provision of this Act or its rules.
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| (5) Failing to provide information within 60 days in
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| response to a written request made by the Department which | 31 |
| has
been sent by certified or registered mail to the | 32 |
| licensee's
last known address.
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| (6) Discipline by another U.S. jurisdiction or foreign
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| nation, if at least one of the grounds for the discipline | 35 |
| is the same or
substantially equivalent to one set forth in |
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| this Section.
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| (7) Solicitation of professional services by means | 3 |
| other
than permitted under this Act.
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| (8) Failure to provide a patient with a copy of his or
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| her record upon the written request of the patient.
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| (9) Gross negligence in the practice of acupuncture.
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| (10) Habitual or excessive use or addiction to alcohol, | 8 |
| narcotics,
stimulants, or any other chemical agent or drug | 9 |
| that results in an
acupuncturist's inability to practice | 10 |
| with reasonable judgment, skill, or
safety.
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| (11) A finding that licensure has been
applied for or
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| obtained by fraudulent means.
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| (12) A pattern of practice or other behavior that | 14 |
| demonstrates
incapacity or incompetence to practice under | 15 |
| this Act.
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| (13) Being named as a perpetrator in an indicated | 17 |
| report
by the Department of Children and Family Services | 18 |
| under the
Abused and Neglected Child Reporting Act and upon | 19 |
| proof by
clear and convincing evidence that the licensee | 20 |
| has caused a
child to be an abused child or a neglected | 21 |
| child as defined in
the Abused and Neglected Child | 22 |
| Reporting Act.
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| (14) Wilfully failing to report an instance of | 24 |
| suspected
child abuse or neglect as required by the Abused | 25 |
| and Neglected
Child Reporting Act.
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| (15) The use of any words, abbreviations, figures or
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| letters (such as Acupuncturist, Licensed Acupuncturist,
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| Certified Acupuncturist, C.A., Act., Lic. Act., or Lic. | 29 |
| Ac.)
with the intention of indicating practice as a | 30 |
| licensed
acupuncturist without a valid license as an | 31 |
| acupuncturist
issued under this Act.
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| (16) Using testimonials or claims of superior quality | 33 |
| of care to entice
the public or advertising fee comparisons | 34 |
| of available services with those of
other persons providing | 35 |
| acupuncture services.
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| (17) Advertising of professional services that the |
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| offeror of the
services is not licensed to render. | 2 |
| Advertising of professional services that
contains false, | 3 |
| fraudulent, deceptive, or misleading material or | 4 |
| guarantees of
success,
statements that play upon the vanity | 5 |
| or fears of the public, or statements that
promote or | 6 |
| produce unfair competition.
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| (18) Having treated ailments of human beings other than | 8 |
| by
the practice of
acupuncture as defined in this Act, or | 9 |
| having treated ailments of human beings
as a licensed | 10 |
| acupuncturist pursuant to
independent of a written
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| referral by written order
that provides for management of | 12 |
| the patient by
from a physician or dentist without having | 13 |
| notified , or having failed to notify the
physician or | 14 |
| dentist who established the diagnosis that the patient is
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| receiving acupuncture treatment pursuant to that | 16 |
| diagnosis .
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| (19) Unethical, unauthorized, or unprofessional | 18 |
| conduct as defined by
rule.
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| (20) Physical illness including but not limited to | 20 |
| deterioration through
the aging process, mental illness, | 21 |
| or disability that results in the inability
to practice the | 22 |
| profession with reasonable judgment, skill, and safety.
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| (21) Violation of the Health Care Worker Self-Referral | 24 |
| Act.
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| The entry of an order by a circuit court establishing that | 26 |
| any person
holding a license under this Act is subject to | 27 |
| involuntary admission or
judicial admission as provided for in | 28 |
| the Mental Health and Developmental
Disabilities Code operates | 29 |
| as an automatic suspension of that license. That
person may | 30 |
| have his or her license restored only upon the determination by | 31 |
| a
circuit court that the patient is no longer subject to | 32 |
| involuntary admission or
judicial admission and the issuance of | 33 |
| an order so finding and discharging the
patient and upon the | 34 |
| Board's recommendation to the Department that the license
be | 35 |
| restored. Where the circumstances so indicate, the Board may | 36 |
| recommend to
the Department that it require an examination |
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| prior to restoring a suspended
license.
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| The Department may refuse to issue or renew the license
of | 3 |
| any person
who
fails to (i) file a return or to pay the tax,
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| penalty or interest shown in a filed return or (ii) pay any | 5 |
| final
assessment of the tax, penalty, or interest as required | 6 |
| by any tax
Act administered by the Illinois Department of | 7 |
| Revenue, until the
time that the requirements of that tax Act | 8 |
| are satisfied.
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| In enforcing this Section, the Department or Board upon a | 10 |
| showing of
a
possible
violation may compel an individual | 11 |
| licensed to practice under this Act, or
who has applied for | 12 |
| licensure under this Act, to submit
to a mental or physical | 13 |
| examination, or both, as required by and at the expense
of the | 14 |
| Department. The Department or Board may order the examining | 15 |
| physician to
present
testimony concerning the mental or | 16 |
| physical examination of the licensee or
applicant. No | 17 |
| information shall be excluded by reason of any common law or
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| statutory privilege relating to communications between the | 19 |
| licensee or
applicant and the examining physician. The | 20 |
| examining
physicians
shall be specifically designated by the | 21 |
| Board or Department.
The individual to be examined may have, at | 22 |
| his or her own expense, another
physician of his or her choice | 23 |
| present during all
aspects of this examination. Failure of an | 24 |
| individual to submit to a mental
or
physical examination, when | 25 |
| directed, shall be grounds for suspension of his or
her
license | 26 |
| until the individual submits to the examination if the | 27 |
| Department
finds,
after notice and hearing, that the refusal to | 28 |
| submit to the examination was
without reasonable cause.
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| If the Department or Board finds an individual unable to | 30 |
| practice because of
the
reasons
set forth in this Section, the | 31 |
| Department or Board may require that individual
to submit
to
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| care, counseling, or treatment by physicians approved
or | 33 |
| designated by the Department or Board, as a condition, term, or | 34 |
| restriction
for continued,
reinstated, or
renewed licensure to | 35 |
| practice; or, in lieu of care, counseling, or treatment,
the | 36 |
| Department may file, or
the Board may recommend to the |
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| Department to file, a complaint to immediately
suspend, revoke, | 2 |
| or otherwise discipline the license of the individual.
An | 3 |
| individual whose
license was granted, continued, reinstated, | 4 |
| renewed, disciplined or supervised
subject to such terms, | 5 |
| conditions, or restrictions, and who fails to comply
with
such | 6 |
| terms, conditions, or restrictions, shall be referred to the | 7 |
| Director for
a
determination as to whether the individual shall | 8 |
| have his or her license
suspended immediately, pending a | 9 |
| hearing by the Department.
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| In instances in which the Director immediately suspends a | 11 |
| person's license
under this Section, a hearing on that person's | 12 |
| license must be convened by
the Department within 15 days after | 13 |
| the suspension and completed without
appreciable
delay.
The | 14 |
| Department and Board shall have the authority to review the | 15 |
| subject
individual's record of
treatment and counseling | 16 |
| regarding the impairment to the extent permitted by
applicable | 17 |
| federal statutes and regulations safeguarding the | 18 |
| confidentiality of
medical records.
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| An individual licensed under this Act and affected under | 20 |
| this Section shall
be
afforded an opportunity to demonstrate to | 21 |
| the Department or Board that he or
she can resume
practice in | 22 |
| compliance with acceptable and prevailing standards under the
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| provisions of his or her license.
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| (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law. |
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